HomeMy WebLinkAboutBy-law 7788/20The Corporation of the City of Pickering
By-law No. 7788/20
Being a By-law to amend Restricted Area (Zoning) By-law 3036,
as amended by By-law 6549/05 and By-law 7176/11, to
implement the Official Plan of the City of Pickering, Region of
Durham, in Part Lot 17, Concession 1, Now Part of Lots 1, 2
arid 3, Plan 40R-11413 in the City of Pickering. (A03/18)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Part Lot 17, Concession 1, Now Part Lot 1, 2 and 3,
Plan 40R-11413 in the City of Pickering to permit 130 residential condominium
townhouse units;
And whereas an amendment to By-law 3036, as amended,. is therefore deemed
necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedules I and II
Schedules I and II to this By-law with notations and references shown thereon
are hereby declared to be part of this By-law. ·
2. Area Restricted
The provisions of this By-law shall apply to those lands in Part Lot 17,
Concession 1, Now Part of Lots 1, 2 and 3, Plan 40R-11413, in the City of
Pickering, designated "RH", "OS", and "OS-HL" on Schedule I to this By-law.
3. · General Provisions
No building, land or part thereof shall hereafter be used, occupied, erected, moved
or structurally altered except in conformity with the provisions of this By-law.
4. Definitions
In this By-law,
(1) "Air Conditioner" means any mechanical equipment which is·required for
residential use and must be instaHed outdoors including central air
conditioning units, heat pumps, heat exchange units, emergency
generators and other such equipment.
(2) "Balcony" means an attached covered or uncovered platform projecting
from the face of an exterior wall, including above a porch, which is only
directly accessible from within a building, usually surrounded by a
balustrade or railing, and does not have direct exterior. access to grade.
By-law No. 7788/20 Page 2
(3) "Basement" means a portion of a building below the first storey.
(4) "Bay, Bow, Box Window" means a window that protrudes from the main
wall, usually bowed, canted, polygonal, segmental, semicircular or square
sided with window on front face in plan; one or more storeys in height,
which may or may not include a foundation; may or may not include a
window seat; and may include a door.
(5) "Building" means a structure occupying an area greater than 10.0 square
metres and consisting of any combination of walls, roof and floor but shall
not include a mobile home.
(6) "Deck" means a raised platform attached to the exterior wall of a building
and with direct access from within. a building and from grade.
(7) "Landscaped Area"shall mean an outdoor area on a lot comprising trees,
plants, decorative stonework, retaining walls, walkways, stairs or other
landscape or architectural elements, excluding aisles, areas for loading,
parking or storing of vehicles, and private park.
(8) "Lot'.' means an area of land fronting on a street which is used or intended
to be used as the site of a building, or group of buildings, as the case may
be, together with any accessory buildings or structures, or a public park or
open space area, regardless of whether or hot such lot constitutes the
whole of a lot or block on a registered plan of subdivision.
(9) "Multiple Dwelling -Horizontal" shall mean a building containing three or
more dwelling units attached horizontally by an above-grade wall or walls.
(10) "Parapet Wall" means the portion of an exterior wall extending above the
roof.
(11) "Park, Private" shall mean a park which is maintained by a condominium
corporation.
(12) "Porch" means a roofed deck or portico structure attached to the exterior
wall of a building, a basement may be located under the porch.
(13) "Private Amenity Area" means an outdoor area located anywhere on a lot,
or the roof of a parking structure, private garage or any other building
Which includes landscape area, but which may also include areas of
decking, decorative paving or other similar surface and includes a
balcony, porch, deck or rooftop terrace and which has direct access from
the interior of the dwelling unit.
(14) "Private Garage" means an e.nclosed or partially enclosed structure for the
storage of one or more vehicles, in which structure no business or service
is conducted for profit or otherwise.
(15) "Rooftop Terrace" means an outdoor amenity area located on the roof of a
building. ·
By-law No. 7788/20 Page 3
(16) (a) "Street" means a right-of-way or roadway that is used by vehicles
and includes a public highway and a private street within a
condominium.
(b) . "Street, Private" means:
(i) a right-of-way or roadway that is used by vehicles and is
maintained by a condominium corporation;
(ii) a private road condominium, which provides access to
individual freehold lots;
(iii) a private right-of-way over private property, that affords access
to lots abutting the. private street, but is not maintained by a
public body and is not a lane. ··
(17) "Wall, Front" means a primary exterior wall of a building, not including
permitted projections, which contains the primary entrance door.
(18) "Structure" means anything that is erected, built or constructed of parts
joined together with a fixed I.ocation on the ground, or attached to
something having a fixed location in or on the ground and shall include
buildings, waUs or any sign, but does not include fences below six feet in
height or inground swimming pools. ·
(19) "Water Meter Building" means a building or structure thatcontains devices
supplied by the Region of .Durham which measures the quantity of water
delivered to a property.
5. Provisions ("RH" Zone)
. (1) Uses Permitted ("RH" Zone)
No person shall, withih the lands zoned "RH" on Schedule I attached to
this By-law, use any lot or erect, alter or use any building or structure for
any purpose except the following:
a) Multiple-Horizontal Dwelling
(2) Zone Requirements ("RH" Zone)
No person shall within the lands designated "RH" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance
with the following provisions:
a) Building Location and Setbacks:
(i) No building or part of a building, or structure shall be erect.ed
outside of the building envelope as illustrated on Schedule II
attached hereto;
By-law No. 7788/20 Page 4
(ii) No building or portion of a building or structure shall be
erected within the build-to-zone, unless a minimum of .
60 percent of the entire length of the build-to-zone is occupied
by a portion of the exterior wall of a building;
(iii) The minimum separation distance between the front wall of a
building or a dwelling where it faces the front wall of another
building or a dwelling, shall be a minimum of 10.0 metres;
(iv) Minimum sepc:1ration between the exterior side walls of
buildings or dwellings, shall be a minimum of 2.4 metres.
b) Minimum and Maximum Number of Dwelling Units:
(i) Minimum Number of Dwelling Units:
(ii) Maximum Number of Dwelling Units:
c) Building Height (maximum):
80 units
130 units
13.5 metres
d) · Parking Requirements (minimum):
(i) 2 parking spaces per dwelling unit plus 0.25 of a parking
space per dwelling unit for visitors
(ii). No parking lot or parking space permitted within 4.5 metres
along a lot line abutting Pickering Parkway ·
e) Garage Requirements
(i) Minimum one private garage per dwelling unit.
(ii) For dwelling units less than 6 .. 5 metres in width, vehicular
entrance for an enclosed private garage shall be located a
minimum of 5.6 metres from a private street that provides
vehicular access to th.e private garage. ·
· (iii) A private garage shall have a minimum width of 2.9 metres
and a minimum depth of 5.5 metres provided, however, the.
width may include one interior step and the depth may include
two interior .steps.
(3) Special Regulations (''RH" Zone)
. a). Projections such as window silts, chimney breasts, fireplaces, belt
courses, cornices, plasters, eaves, eave troughs and other similar
architectural features may be permitted outside of the building
envelope, provided that no such feature projects outside of the
building envelope more than 0.6 of a metre or half the distance,
· whichever is less;
By-law No. 7788/20 Page 5
b) Porches and associated stairs not exceeding 1.0 metres in height
above established grade may encroach a maximum of 0.5 of a
metre outside of the building envelope;
c) Balconies, decks and associated stairs not exceeding 3.5 metres in
height above grade may encroach a maximum of 2.0 metres
outside of the building envelope provided they are setback
1.0 metre from a lot line;
d) A bay, box or bow window, with or without foundations, having a
maximum width of 4.0 metres may encroach outside of the building
envelope to a maximum of0.6 of a metre or half the distance,
whichever is less;
e) Air conditioner units shall hot be located between the front wall of a
building or a dwelling and Pickering Parkway;
f) The minimum right-of-way width for a private street shall be
6.5 metres;
g) Private Amenity Area - a minimum 4.5 square metres per unit;
h) Accessory structures such as pergolas, sheds or other similar
structures shall not be permitted within the private amenity area,
except a mechanical penthouse associated with a rooftop terrace;
i) Minimum Landscape area -15 percent;
j) Minimum width of a Landscape buffer along south lotline -
1.3 metres;
k) Despite provision 5.(1 )(a) and 5.(2) of this By-law, a water meter
building required by the Region of Durham for the purpose of
measuring the quantity of water.delivered shall be exempt from the
"RH" zone use provisions and zone requirements.
6. · Provisions ("OS" Zone)
(1) Uses Permitted ("OS" Zone)
No person shall, within the lands zoned "OS" on Schedule I attached to
this By-law, use any lot or erect, alter or use any building or structure for
any purpose except the following:
a) Park, Private
(2) · Zone Requirements ("OS" Zone)
a) Minimum area of a private park -1,500 square metres.
By-law No. 7788/20 Page 6
7. Provisions ("OS-HL" Zone)
(1) Uses Permitted ("OS-HL" Zone)
No person shall, within the lands zoned "OS-HL" on Schedule I attached
to this By-law, use any lot or erect, alter or use any building or structure for
any purpose except the following:_
a) Preservation and conservation of the natural environment, soil and
wildlife
b) Resource management, including pedestrian and/or bicycle trails
(2) · Zone Requirements ("OS-HL" Zone)
a) No buildings or structure.s shall be permitted to be erected nor shall
the placing or removal of fill be permitted, except where. buildings or
structures are used only for purposes of flood and erosion control_,
resource management, or pedestrian and/or bicycle trails.
8. Model Homes
(1) A maximum of 2 blocks together with no fewer than 2 parking spaces per
Model Home is permitted on lands zoned !'RH" on Schedule I attached
hereto.
(2) For the purpose of this By-law, "Model Home" shall mean a dwelling unit
which is not used for residential purpose, but which is used exclusively for
sales, display and marketing purposes pursuant to an agreement with the
City of Pickering. · ·
9. By-law 3036
(1). By-law 56549/05 and By-law 7176/11 as they each apply to the area set
out in Schedule I attached to th_is By-law, are hereby repealed.
(2) By-law 3036, as amended, is hereby further amended only to the extent
necessary to give effect to the provisions of this By-law as it applies to the
·. area set out in Sched_ule I and II to this By-law. Definitions and subject
matters not specifically dealt with in this By-law shall be governed by
relevant provisions of By-law 3036, as amended.
By-law No. 7788/20
10. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law passed this 26th day of October, 2020.
Page 7
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